No evidence of nationality

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    Trevor Kenward


    Have a HB claim from a pension age person who was born in Ghana and would appear to have entered UK as a child around 1960. He is in receipt of a State Retirement Pension and no other pensions/benefits.
    His NINO starts with YW

    There is a historical note (but unfortunately no evidence) that he was a person subject to Immigration Control.

    The claimant has been unable to provide any evidence as to nationality but has declared he is British. He had never held a driving licence or passport and states has never left the UK.

    The Home Office could not trace any records for him.

    Would you accept based on the above that he is British.

    Many Thanks

    Peter Barker

    If he’s not British, he will almost certainly have indefinite leave to remain by virtue of s1 of the immigration Act 1971. This Act introduced the concept of “leave to remain” and ILR was conferred on anyone already living in the UK without any limit on their stay.

    Time limits and restrictions on Commonwealth citizens arriving in the UK were introduced during the 1960s, but anyone already here before those changes would be covered by s1 of the 1971 Act.

    This is a classic Windrush case (they weren’t all from the Caribbean): no documents because he’s never needed any.

    I think you can infer with near certainty that he is either British or has ILR.

    Trevor Kenward

    That was my thought as well, cheers Peter

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